If your partner refuses to sell the house and refuses or is unable to buy you out, you can force a sale. … You must be tenants in common to force a sale. If you are joint tenants you’ll need to sever your joint tenancy first and register as tenants in common. You can do this without your partners cooperation.
Can one partner force the sale of a house?
If the property owner wishes to sell it, they would have to obtain the consent of their spouse or civil partner. … The only way in which a spouse or civil partner can remove his or her former partner from the family home is to raise a court action and seek an exclusion order.
What happens if your spouse refuses to sell your house?
When it comes to real property, courts can order a sale. … If one spouse refuses to sell the home, the other can head to court and file a motion (legal paperwork) asking a judge to order that the house be listed for sale immediately.
How do I force my ex to sell the house?
How do I apply for an order to sale? You will need to go to the county court and obtain a county court judgement. After this has been successful, you can start the process for an order to sale. To do this, you’ll need to attend a hearing, where a judge will hear your case along with your ex-partner’s.
Can ex husband Force sale of house?
Yes, there is nothing to prevent a former spouse in these circumstances from issuing court proceedings to force a sale of the property and seek a share of the proceeds of sale. … This means that, even many years after their divorce, former spouses can seek to make financial claims against each other.
Can my wife refuses to sell our house?
If either spouse refuses to leave the marital home prior to any court settlement, it is generally not possible to force through a house sale. … In either scenario, if the other spouse does not agree to put the property on the market, the only way to get a sale will generally be to go to court.